Cantor v Audi Australia Pty Limited (No 2)

Cantor v Audi Australia Pty Limited (No 2) involved class actions brought by two separate groups of plaintiffs against the same defendants regarding diesel emissions issues. The central legal issues revolved around the management of overlapping class actions, the content and distribution of opt-out notices, and the resolution of costs between the parties. The court had to decide whether it should commence the opt-out process for class members before determining whether they should elect between the groups, and whether the opt-out notices should include clarifications or corrections of previous public statements by the respondents. The court also considered the appropriate form, distribution, and cost allocation of the opt-out notices.

The court rejected the submissions made by Mr. Thompson, aligning with the applicants' requests. It approved the proposed forms of long and abridged opt-out notices, which were to be distributed through various means, including direct communication, publication on websites, and placement in specified newspapers. The court further ordered the costs of the present applications to be costs in the proceedings, allocating them fairly between the parties. Additionally, the court ordered a relisting for further case management to address any remaining issues.

In summary, the court made several key orders, including setting a deadline for class members to opt out, approving the content and distribution of opt-out notices, and allocating the costs associated with these notices. The court also scheduled a further case management hearing to oversee the implementation of these orders and address any additional matters that may arise.